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ileven1225
Posts: 176 Forumite
Hi everyone,
I have asked a state agency to fully managed my property in Cardiff Bay. The property is rented out for 12 months until the 1st June 2018, so it nearly finishes. Recently Warwick, who is the management company for the entire building (covering cleaning, maintenance of externals, watering grass, pavement, etc), has told me that the tenants damaged external wall and stairs during their move-out. The wall and stairs are outside my property.
Warwick told me that as a landlord, I am responsible for the damage as Warwick could not legally charge the tenants. However, as Warwick has contracted with me (not tenants), I can be legally charged. I need to deduct the cost from their rent in order to pay for the damage.
I got opposite response when I consulted with the state agency, they told me that as the tenancy contract only covers internals, for any external issue Warwick needs to contact the tenants directly.
My question is who is right? I don't have any contact or bank details from the tenants. The state agency take full management. I can not contact the tenants and ask them to pay for it. I don't think I should be involved in the conversation at all.
Legally, what should be done?
Thanks everyone in advance!
Dawei
I have asked a state agency to fully managed my property in Cardiff Bay. The property is rented out for 12 months until the 1st June 2018, so it nearly finishes. Recently Warwick, who is the management company for the entire building (covering cleaning, maintenance of externals, watering grass, pavement, etc), has told me that the tenants damaged external wall and stairs during their move-out. The wall and stairs are outside my property.
Warwick told me that as a landlord, I am responsible for the damage as Warwick could not legally charge the tenants. However, as Warwick has contracted with me (not tenants), I can be legally charged. I need to deduct the cost from their rent in order to pay for the damage.
I got opposite response when I consulted with the state agency, they told me that as the tenancy contract only covers internals, for any external issue Warwick needs to contact the tenants directly.
My question is who is right? I don't have any contact or bank details from the tenants. The state agency take full management. I can not contact the tenants and ask them to pay for it. I don't think I should be involved in the conversation at all.
Legally, what should be done?
Thanks everyone in advance!
Dawei
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Comments
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IANAL but I can't see how you have any interaction with the "tenants". I'd have thought your tenant was the state agency and since "they" damaged it they need to fix it.0
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I believe OP means an estate agent fully manages the property, not that the property is let to a state agency !
As a landlord you are responsible to the building owner for any damage caused to the building by you or your tenants. It is up to you to recover the cost of damage from the deposit. Change agents to one who knows what they are doing and who will take action not just fees !0 -
AnotherJoe wrote: »IANAL but I can't see how you have any interaction with the "tenants". I'd have thought your tenant was the state agency and since "they" damaged it they need to fix it.
The agency is always between me and the tenants and so if there is any issue the agency should deal with the tenants. However, the agency and Warwick are passing the ball and unfortunately involving me!
Warwick states that I am legally responsible. The state agency states Warwick should deal with the tenants directly. If they play 'legal' cards, I don't know what should be legally done and if I am legally protected by any terms and conditions.0 -
Warwick are correct. There is absolutely no reason why you cannot make a claim against the T for damage to the exterior so long as there is some proof it was actually them who did it.
The letting agent works for you. Give them instructions!0 -
I believe OP means an estate agent fully manages the property, not that the property is let to a state agency !
As a landlord you are responsible to the building owner for any damage caused to the building by you or your tenants. It is up to you to recover the cost of damage from the deposit. Change agents to one who knows what they are doing and who will take action not just fees !
If I am responsible as a landlord, can I legally charge the tenants and how to do it? I have to go through the agency as I don't have any contact of the tenants. However, the agency said the tenancy contract only covers the internals, so the agency should not deal this matter (external damages) with the tenants for me.
Nothing I could do but pay the damage by myself?0 -
Ah my bad I thought it was onee of these deals where the local council (eg "state agency") took over responsibility.
So, as it wasn't, then AIUI the fact the OP uses an estate agent to manage it is irrelevant and so OP will need to make a claim, they are his tenants.0 -
Warwick are correct. There is absolutely no reason why you cannot make a claim against the T for damage to the exterior so long as there is some proof it was actually them who did it.
The letting agent works for you. Give them instructions!
What you mean is that legally I can ask the letting agency to have a conversation with the tenants and ask them to pay for it? Why the letting agency told me differently? Is there any law to support what you said?
Thanks.0 -
AnotherJoe wrote: »Ah my bad I thought it was onee of these deals where the local council (eg "state agency") took over responsibility.
So, as it wasn't, then AIUI the fact the OP uses an estate agent to manage it is irrelevant and so OP will need to make a claim, they are his tenants.
If I am going to make a claim as they are my tenants, what is the legal process? Will the letting agency work on my behalf? Or they can get away from it and I have to deal with the tenants directly?
Thanks.0 -
1. How much is the bill for the damage?
2. What evidence is there that if was your tenants who caused the damage?
3. Did the Estate Agent collect a deposit from the tenants on your behalf at the start of the tenancy?
4. Did the Estate Agency lodge the deposit with an appropriate government approved scheme?
If yes, then you use this to pay the bill from Warwick. Your agent should have the details of how to access the deposit online. Basically you need to tell the deposit company that you wish to make deductions and what for, the tenant then has the change to give their side.
If you can reach agreement, you retain enough cash out of the deposit to cover your costs, and your tenant receives anything that is left.
If you cannot reach agreement, then there is a dispute resolution service that will look at the case. You will need to provide evidence that the tenant caused the damage (hence my question 2). The decision will be made by an adjudicator.
I agree with others, I think the Estate Agent is incorrect here. Ask them why they think that the tenant is not liable for damage they cause to the building? What law are they relying on?
Best of luck,0 -
As a starting point, you need to clarify this...
- Are you letting the property to the estate agent - so that the estate agent is your tenant? And the estate agent has been sub-letting to the people that did the damage?
- Or... are you letting the property to the the people that damaged the building? i.e. Your tenants damaged the building.
You should have a tenancy agreement. Who is named as the tenant?0
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